- (1.) THE appellants were put on trial for offence under Sections 302/34 of the Indian Penal Code ( "IPC " for short). The Third Additional Sessions Judge, Nainital, by his judgment and order dated 17th December, 1993 passed in Sessions trial No. 344 of 1989 held them guilty of the charge and sentenced them to suffer imprisonment for life. Aggrieved by the same, they preferred Criminal Appeal No. 1960 of 2001 and the High Court of Uttarakhand by its judgment and order dated 18th July, 2008 dismissed the appeal. This is how the appellants are before us in the present appeal with the leave of the Court.
(2.) ACCORDING to the prosecution, the deceased Mohan Singh was a Subedar in the Indian Army and had come to his village on leave. It is alleged that on 29th June, 1989, at about 8.00 a.m., while he was in his house, appellant No. 1, Nandan Singh and appellant No. 2, Pooran Singh, armed with Patal, a heavy sharp edged weapon, and appellant No. 3, Bachchey Singh, armed with Lathi came to his house and assaulted him with their respective weapons. Mohan Singh having suffered the injuries, fell unconscious. He was first taken to the Hospital and from there, P.W. 1, Shiv Raj Singh, went to Ramnagar Police Station at 11.40 a.m. and lodged the Report. On the basis of the aforesaid information, a case under Section 307 of the IPC was registered. However, Mohan Singh died on the same day. The crime was converted into one punishable under Section 302 of the IPC. After usual investigation, the Police submitted charge-sheet and the appellants were ultimately committed to the Court of Sessions to face the trial. Charge under Sections 302/34 of the IPC was framed against them. The appellants denied to have committed any offence and claimed to be tried. In order to bring home the charge, the prosecution has examined P.W. 1, Shivraj Singh, P.W. 2, Sher Singh, P.W. 3, Bachchey Singh and P.W. 4, Radhika Devi as eye-witnesses to the occurrence, besides P.W. 6, Dr. N.K. Agrawal, who conducted the post-mortem examination. The defence of the appellants, except appellant No. 1, Nandan Singh, is of false implication and appellant No. 1 has come out with a specific plea that he assaulted Mohan Singh in exercise of his right to private defence.
(3.) P .W. 1, P.W. 2, P.W. 3 and P.W. 4 are consistent in their evidence that while the deceased Mohan Singh had come to his home on leave, all the appellants, variously armed, came to his house and started beating him. They have specifically stated that the appellants, Nandan Singh and Pooran Singh, were armed with Patal and the appellant, Bachchey Singh, with Lathi. P.W. 3, Bachey Ram, is absolutely an independent witness and was working in the house of the deceased at the time of the incident to fix the door frame on the wall. P.W. 6, Dr. N.K. Agrarwal, who conducted the post-mortem examination, has found the following injuries on the deceased: "1. One stitched wound 5.5 cm long on the left side of head about 8 cm above the left eyebrow. 2. Mark of abrasion 1 cm x 0.5 cm on the inner side of elbow of right arm. 3. One lacerated wound 1.5 cm x 0.25 cm muscle deep on the dorsal side of left thumb. 4. Contusion mark of 5 cm x 0.5 cm on the right side of chest 10 cm from the nipple inwardly. 5. Bluish mark 1 x 1 cm just near the sternum. 6. A mark of abrasion 10 cm x 5 cm on frontal side of left shoulder. 7. Abrasion 1 cm x 1 cm just near the elbow on the internal side. 8. A blue mark of 14 cm x 5 cm in slanting position from left shoulder to arm. 9. Abrasion 1 cm x 0.5 cm on the internal side of left thumb. 10. A longitudinal abrasion 7 cm x 0.05 cm on the lower side of left forearm. 11. Abrasion in the area of 5 cm x 4 cm on the left leg 24 cm below the knee. 12. Abrasion of 2 cm x 1 cm on the middle portion of left foot. 13. Abrasion 3 cm x 3.5 cm on the left leg just below the knee. 14. Blue mark with abrasion 11 cm x 5.5 cm on the dorsal side of right shoulder. " ;